, 1887-12-14

Fencing, passed at second discussion in the Colonial
Council for St. Croix on the 10th October 1887, is
hereby confirmed. a415 -.
When a new fence is to be erected it shall, as far as posi-
BILE, be completed within q year; the time, however, may be
extended according to the decision OF the surveyors, 'when' cir
cunstances recommend it, bul not to more than years and when
permission is given to extend the time. beyond one year, the
party who has demanded the erection OF the fence is entitled,
after the lapse of q year, himself to erect whatever portion of
expenses, so far as they are not incumbent upon himself,
repaid by the party concerned, half at the end of the first follow.
ing six months and half at the END of a year.
When a fence is to be erected on the boundary line be-
tween two properties, and thus, in accordance with the LIST
clause of / IA, the owners of these properties Tor the Iessees, or
renters, these however with right, according to the provisions of
to detray the expenses jointly, then the fence may he erected,
according to agreement, so that one of the owners (r lessees or
(r lessee or renter Of half the expenses; but in the absence of
such agreement both owners Tor lessees or renters) share in the
work.
In the absence of mutual agreement in regard to the line
Of fencing, the division of is to be settled by the surveyors,
gets the piece of fencing to be erected by it lying in one condn-
uOus stretch.
When a fence is to be erected on the boundary line between
two properties, or between two lots, which, although belonging
to the same property, are under independent cultivation, the
line of division shall fall in the middle Of the fence so that each
property or lot gives up an equal amount of land. But this rule
shall not be used as a ground for insisting on the removal of
any fence already erected.
When a fence is to be erected along the side of a road which
is used for public traffic, along a line of communication dividing
two estates or along q quarterline, it shall be erected entirely
upon the land belonging to the property which erects the fence,
and the open space between such property and the neighbOurlng
property must not be reduced.
SIS
When 4 fence is to be erected around a lot of land away
from the boundary line between the property OF which the lot
forms a part and the nrighbonring property, then the neigh.
bOur at whose request the lot is to be fenced pays half the cost
OF erection; II the lot IS to be fenced at the request OF several
neighbours, these pay half the cost in equal shares. The other
half rests on the cultivation Of the lot, 50, however, that il he is
renter Of it he can reclaim half OfhiS expenses from the owner (se
IA OF the Ordinance)
When a fence is to be erected around several adjacent lots
lying away from the bOnn airy line between the property of
which they form IA part and the neighbouring property, the
neighbour or neighbours who demand the erection of the fence
the same way as fixed for a single lot. The other half of the
cost rests ON the cuItivatorS OF the lots, each in proportion to the
length CT the outer line of his lot, and, as stated in the previous
S, with a claim on the owner tr half the outlay, in accordance
with 5 Ia Of the Ordinance.
On the other hand The erection of fences along the dividing
lines between several adjacent lots on the same property does
not concern the owner of the property, and the expenses must
be divided among the culivatOrS 0f the lots according to the
same rules as are given in the case of he erection Of a fence on
the boundary line between two properties.
81.
While the duty of fencing is not incumbent on the re inter- of
a parcel of land on a property as against the owner Of that pro-
the renters of difefeut parcels of land OH the same property as
against each other Teciprocally, provided, of course, that the con-
dihOns in regard to the area of the parcel, the decision of the
surveyors &c. are present. .I8a
In regard to the maintenance of a fence on the boundary
line, the line of fence is to be divided in the manner prescribed
n the LIST and End clauses of s 2 ef.
/ ~In regard to the maintenance of fences away, from the
boundary line, the division of the expenses is to be made ac-
cording to the rules given.in s s 5 aud 6. likewise the obligation
of the owner under the LIST clause of IA to share the expenses
with the renter elso applies to this case.
ANY person who finds occasion to complain of the condition
or nature of a fence, or wishes a new fence erected or an older
fence replaced by one of another description. without being